Ex Parte DISCHLER - Page 4



                    Appeal No. 2002-0271                                                                                                                                  
                    Application No. 09/467,406                                                                                                                            

                    In the first Office action (Paper No. 4, mailed December 11,                                                                                          
                    2000, paragraph 5), the examiner rejected claims 1 through 7, 9                                                                                       
                    through 11 and 20 through 24 under 35 U.S.C. § 103(a) based on                                                                                        
                    Hadjopoulos with the mere statement that "[t]he various lengths,                                                                                      
                    and angles claimed would appear to be obvious absent a showing of                                                                                     
                    criticality."  In the final rejection (Paper No. 7, mailed March                                                                                      
                    13, 2001), the examiner repeated the rejection based on                                                                                               
                    Hadjopoulos, adding newly submitted claims 25 and 28 through 30                                                                                       
                    to the rejection, and indicating that "[t]he rational [sic] from                                                                                      
                    paragraph 5 of the last Office action is incorporated herein by                                                                                       
                    reference."  In the examiner's answer (Paper No. 14, page 3), the                                                                                     
                    examiner has engaged in a somewhat different approach.  More                                                                                          
                    particularly, the examiner now urges that:                                                                                                            
                              Hadjopoulos shows a safety razor with leading and                                                                                           
                              trailing guard means and a plurality of intermediate                                                                                        
                              cutting edges.  Each of the edges has a leading and                                                                                         
                              trailing edge and a slicing angle and a cutting angle.                                                                                      
                              It is noted that the average razor has a blade with a                                                                                       
                              length that is in the area of 35-45 mm.  Thus the                                                                                           
                              length of the individual cutting edges of Hadjopoulos                                                                                       
                              would appear to be less than 8 mm in length.  If not                                                                                        
                              however it would have been obvious to so stipulate                                                                                          
                              since changing their length by a small amount would                                                                                         
                              appear to have little bearing on the use of the razor.                                                                                      
                              Further it would appear likely that the shaving angle                                                                                       
                              of the blades would be slightly above zero as shown in                                                                                      
                              Figs. 1, 7 and would thus be either in or very close to                                                                                     
                              the claimed 2 deg.-90 deg. Range.  If less than 2 deg.                                                                                      
                              then it would appear to be obvious to one of ordinary                                                                                       
                              skill in the art that the angle would be increased to                                                                                       
                                                                                    44                                                                                    




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